Concert promoter AEG will remain a defendant in the case involving the King of Pop's 2009 death

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Michael Jackson attends a press conference to announce plans for a summer residency of concerts at the O2 Arena, Grenwich on March 5, 2009.

Updated at 8:54 PM EDT on Monday, Sep 9, 2013

Two AEG executives who promoted Michael Jackson's comeback tour before his June 2009 death will have the case against them thrown out, according to a ruling issued Monday by a Los Angeles Superior Court judge.

Concert promoter AEG Live will remain as a defendant in the trial, which has entered its fifth month.

Jackson's mother and three children filed a lawsuit against AEG Live, Chief Executive Randy Phillips and executive Paul Gongaware. Both men testified earlier in the trial for several days.

The judge ruled that lawyers for Katherine Jackson did not prove claims that Phillips, CEO of AEG Live LLC, and promoter Gongaware could be held responsible the death of the pop star. The family's attorneys have attacked the company officials, arguing they missed warning signs about the superstar's health and created a conflict of interest for his physician.

Michael Jackson's Evolving Style

The lawsuit alleges that AEG hired and was responsible for Conrad Murray, who delivered a fatal dose of the anesthetic propofol to help the pop star with his insomnia as he prepared for his "This Is It" tour. Jackson's family alleges that AEG did not properly investigate Murray.

An attorney for Jackson's family called the impact of Monday's ruling "negligible."